The aim of the Cartel Act (LCart) is to prevent the negative economic and social repercussions of cartels and other restraints of competition, thereby promoting competition in a market economy based on liberal principles. This legislation prohibits, in particular, agreements between undertakings (i.e. cartels) that significantly impede competition and are not justified on grounds of economic efficiency, as well as the abuse of a dominant position by one or more undertakings on the market. In this context, the competition authorities, consisting of the Competition Commission (COMCO) and its Secretariat, are mandated to conduct investigations in order to ascertain an infringement of antitrust law and, where appropriate, sanction the undertakings involved. A company that participates in a cartel or abuses its dominant position can be sanctioned with a fine of up to 10% of the turnover achieved in Switzerland in the last three financial years. The first part of the seminar will provide a detailed overview of the conduct of investigations by competition authorities. Afterwards, the main aspects of the partial revision of the Cartel Act that will soon be debated in Parliament will be explained. Next, the instrument of self-disclosure and its advantages for companies applying for a leniency programme will be explored. Finally, a recent case will be presented, in which the COMCO fined AMAG Automobili e Motori AG and six car dealers of Volkswagen Group brands a total of CHF 44 million.

Programme and speakers
The investigation procedure of the competition authorities
Stefan Protic
SUPSI lecturer-researcher, MLaw (Lucerne)

The partial revision of the Cartel Act
Matteo Tavian
Lawyer, LL.M., Scientific Associate at the Secretariat of the Competition Commission, Alternate Judge at the Court of Criminal Appeals and Review of the Canton of Ticino (CARP)

The instrument of self-disclosure and the leniency programme - procedure and advantages
Alessandro Sia
Lawyer, LL.M, Rapporteur at the Secretariat of the Competition Commission

Experiences and lessons learned from a recent case before the Competition Commission
Mattia Tonella
Lawyer, Dr. iur., Partner at Molo Avvocati law firm

Tuition fee
CHF 350.
CHF 300 for members of partner institutions

Registration
https://bit.ly/seminario-17-11-2023

Entry deadline
Tuesday, 14 November 2023